D. Warranties, disclaimers and exclusive remedies

Premium Software warrants that a program licensed to you will operate in all material respects as described in the applicable program documentation for one year after delivery. You must notify Premium Software of any program warranty deficiency within one year after delivery.
 

Premium Software also warrants that services will be provided in a professional manner consistent with industry standards. You must notify Premium Software of any services warranty deficiencies within 30 days from performance of the defective services.

Premium Software does not guarantee that the programs will perform error-free or uninterrupted or that Premium Sotware will correct all program errors. To the extent permitted by law, these warranties are exclusive and there are no other express or implied warranties or conditions, including warranties or conditions of merchantability and fitness for a particular purpose.

For any breach of the above warranties, your exclusive remedy, and Premium Software’s entire liability, shall be:

  • the correction of program errors that cause breach of the warranty, or if Premium Software cannot substantially correct such breach in a commercially reasonable manner, you may end your program license and recover the fees paid to Premium Software for the program license and any unused, prepaid technical support fees you have paid for the program license; or
  • the reperformance of the deficient services, or if Premium Software cannot substantially correct a breach in a commercially reasonable manner, you may end the relevant services and recover the fees paid to Premium Software for the deficient services.